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STATE v. WEATHERBY LAKE

No. WD 51846.

935 S.W.2d 634 (1996)

STATE of Missouri, ex rel., WESTSIDE DEVELOPMENT CO., INC., and Dr. Robert Crist, Appellants, v. WEATHERBY LAKE, Missouri, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 26, 1996.

Application to Transfer Denied January 21, 1997.

Attorney(s) appearing for the Case

Michael T. White, Aaron G. March, Lisa A. Weixelman, Mark F. Brady, Polsinelli, White, Vardeman & Shalton, P.C., Kansas City, for appellants.

Lawrence J. Zimmerman, W. Anthony Curp, Jeffrey L. Wagoner, King Hershey Koch & Stone, Kansas City, for respondents.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 26, 1996.

ULRICH, Judge.

Westside Development Company, Inc. ("Westside") and Dr. Robert Crist (hereafter collectively "Developers") appeal the trial court's order denying Developers' request for a writ of mandamus to compel the City of Weatherby Lake to approve a preliminary plat. On appeal, Developers assert that the trial court erred in: 1) not issuing its order in mandamus because the...

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